Planning and Zoning Meeting - Regular Meeting

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[Applause] [Music] [Music] I call to order this regular meeting of the sholo Planning and Zoning commission for Tuesday February the 25th 2025 roll call shows that all Commissioners are present this evening uh we will begin with the invocation

given by commissioner Adams followed by the Pledge of Allegiance by commissioner Wilson if you'd like to join us please stand [Music] Our Father in Heaven we're thankful for the opportunity we have to gather here on this day to be able to discuss the matters of our wonderful City we ask that as we do so that we might be able to have thy spirit with us that we could make decisions that would be pleasing unto thee and that would help the the citizens of our community we also ask that thou would send moisture on our our dry lands that our our forests and our homes might be kept safe and out of Harm's Way we're thankful for the opportunity we have to be represented and to live in such a wonderful country and we're thankful for the many blessings that we have and we say things in the name of Jesus Christ amen amen please join me in the pledge I get around here all right IED Al to the flag of the United States of America and to the for it stands one nation under God indivisible with liy and justice for all we'll now move on to new business first item under new business is item a public hearing and consideration of zone change request 6053 d124 submitted by White Mountain Bible Church to change the current zoning of the subject property from r27 single family and multi family residential 7,000 ft² to C2 General commercial located at 3171 South sholo Lake Road sholo Arizona more particularly described as a portion of APN 21275 C and I will turn it over to director tasus for the staff summary

report thank you Mr chair uh White Mountain Bible Church has submitted a zone change request for property located at 3171 South sholo Lake Road more particularly described as a portion of APN 21275 C to change the current zoning of the subject property from r 27 which is single family and multif family residential 7,000 sare ft to C2 or General commercial according to Navajo County records the property in question spans roughly 6 and a half acres and was combined with parcel numbers 21207 005b 007b and 007 C in October of 2019 to form parcel number 21275 c White Mountain Bible Church Church seeks to rezone the subject property to C2 in order to allow a church and church facilities as a permitted use a proposal has been made for a new building covering approximately 19,500 Square ft that will offer extra classrooms and a chapel with additional required parking this property was reasoned from ar-43 or agricultural residential 43,000 s ft to r27 single family and multif family residential 7,000 s ft in March of 2007 through number 2007-10 to allow for 70 condominiums on the subject property the applicant received written statements from the adjacent owners who had no objection to the rezone additionally a conceptual layout of the lot and building plans have been supplied by the applicant are and are included in the review packet current zoning of the surrounding properties includes to the north C2 or General commercial to the South a general or County to the east ar-43 agricultural residential 43,000 ft and to the West C2 or General commercial the current land juices of the surrounding properties include to

the North White Mountain Bible Church to the South Ponderosa Shadows to the east sholo lake and to the West vacant General commercial transmittal memos were sent to All affected agencies no applicable comments were received the applicant did receive written statements from the adjacent owners who had no objection to the rezone staff mailed letters to all Property Owners within 300 ft of the property posted the property and published public notice in the newspaper in accordance with applicable requirements um I will add the staff report states that no comments regarding this request have been received since mailing of these letters in the posting of the property I did receive a phone call this afternoon uh from an individual again with just general uh questions related to the request uh they did not have any opposition to the uh application after reviewing the standards for review findings of fact discussions with the applicant the city of Shilo zoning and land ordinances and the City of sholo General plan staff recommends that the Planning and Zoning commission approve zone change request 60531 124 submitted by White Mountain Bible Church to change the current zoning of the subject property from r27 to C2 on property located at 3171 sholo Lake Road more particularly described as a portion of APN 2207 005c and forward this recommendation to the city council subject to the following conditions uh recommended condition is all development shall comply with all applicable federal state and local requirements with that staff as well as the applicant are available for questions this has been scheduled for a public hearing thank you director I will open it up to questions for staff from the commission you know sure I'll ask one um have

something yeah uh just want to double check with staff I didn't see anything out of the ordinary um did anything stick out any concerns it seems sort of typical I guess uh not in this case uh from From staff's perspective this is actually a decrease in what would be permitted on the property um currently they're allowed do up to 70 condominiums in this case they're looking to do a church uh a little bit of parking lot will be required and some sports Fields associated with the school uh so as far as use of the property it actually seems to be less intensive than what's currently allowed okay very good thank you sh Roberts so that would indicate that there would be less traffic concern than there would have been if it had been 70 Condominiums traffic is usually the biggest concern so with Condominiums you're going to get you know traffic throughout the day throughout the week uh primarily you're going to see it in the morning and the evening with work patterns with the school um you're going to see some traffic um again with students but probably not as much as associated with 70 Condominiums uh with the church you'll see a little bit more traffic probably more on Sunday when residential traffic seems to be a little less so there's kind of some trade-offs there but in general I would anticipate that the overall traffic impact would be less with the church than it would be with the Condominiums I just have one question for clarification under the current r27 designation is it a conditional use to put the church facility there is it not permitted at all so that was a conversation we had with the applicant they had two two uh options one would be to just apply for a conditional use permit under the existing

zoning um the other option would be to change the zoning to commercial in which case a church in a school become a permitted use um rather than have to go through a conditional use permit process and particularly the scheduling requirements conditional use permit requires that you start construction within 12 months from when you get the approval and be completed within 18 months from when you get the approval if they get the zone change as requested um that would negate that time period and allow them more flexibility in their start time great thank you any questions other questions for staff any questions for the applicant I have one the applicant would come forward I can't make you come out tonight Rick and not ask a question thank you chairman Commissioners uh it's an honor to be here and uh we're excited about this uh this project my name is Rick fno uh representing White Mountain Bible Church and uh uh we're we're excited to to actually do this our goal is to uh have a facility uh that we can dedicate by spring to Summer of next year which will be the 40th anniversary of White Mountain Bible Church so it's a it's a goal of mine and uh certainly like to like to see that happen so we just uh appreciate your consideration for our our zone change we're excited uh looking forward to I've had talks not with uh you Mr tasus but with other individuals at the city several years

ago about even sharing uh fac facilities uh when we have possible Sports uh Sports field and whatever I know they're kind of a shortage at times and and uh we'd like to partner with the city and uh make those facilities available U for the public right uh you also answered my question I was just curious on what the time frame was on what you guys were looking to do uh that answers my questions I know you'll when you get ready for building you'll get everything submitted to the city and they do a good job over there at making making sure everything's in order so um yeah thanks for coming out and uh for submitting this okay thank you very much any other questions all right thank you thanks all right next I will open the yeah yeah open it up for the public hearing uh portion of this rezone change requests if uh there are any members of the public wishing to speak on this zone change item this evening uh now will be the time just make sure you come up and sit your name and address for the record seeing no one we will close out the public hearing uh portion of the zone change requests and we'll bring it back to the commission for any further discussion or a motion Vice chair Roberts I move to recommend approval of the zone change request 60531 124 submitted by White Mountain Bible Church to change the current zining of the subject property from r27 single family and multif family residential 7,000 ft to C2 which is General commercial located at 3171 South sholo Lake Road sholo Arizona more particularly described as a portion of APN 21207 005c subject to staff recommendations

and forward this recommendation to the city council I have a motion by Vice chair Roberts do I have a second have a second by commissioner Wilson she beat everybody out all those in favor uh say I I and that passes unanimously Mr chair this item has been scheduled for a public hearing with the City Council next week uh at their regularly scheduled city council meeting thank you director with that we'll move on to Item B consideration of conditional use permit 60204 d270 submitted by St Anthony uh Catholic school to allow for the expansion of their existing Private School located at 1283 East Owens that being APN 210-21 019a and I will turn it over to director tasus for the staff summary report thank you Mr chair during its scheduled meeting on May 26th of 2009 the Planning and Zoning commission approved cu P 60241 125 permitting St Anthony Catholic School to run a private school at 1400 East Owens condition three of this conditional use permit specified that a new cup must be acquired before any permanent School structures are built or if there is an addition or expansion of modular facilities in addition on June 11th of 2013 the commission approved cup 60241 159 to allow continued operation and expansion of the school at the same location as a result St Anthony Catholic School has submitted a cup to allow for the expansion of its existing private school the proposed site will be located at 1283 East Owens it's directly to the west of their existing facilities identified as APN 21021 019a and falls under the C1 or

neighborhood commercial and R17 single family residential 7,000 ft zoning districts private schools are considered a conditional use in the R1 zoning District a proposed multi-purpose facility spanning approximately 2,643 squet will provide additional classrooms and include a gymnasium in addition a total of 39 new parking spaces will be constructed to meet the required code the elevation is approximately 4 feet higher along Bushman Road to the proposed building site so to clarify Bushman is approximately 4 feet higher than what the building pad for the building would be so the building sits lower than the road currently St Anthony Catholic School has two modular classroom structures situated to the east of the proposed location on the 1400 East Owens property which they will continue to use access to the property will remain at the current entrance no other access points are proposed the school operates Monday through Thursday 8:15 a.m. to 3:15 p.m. and Fridays 8:15 a.m. to 12:00 p.m. enrollment is approximately 150 students and they intend to increase to a total of approximately 200 students current Z zoning of the surrounding properties includes to the north C1 or neighborhood commercial to the South r27 single family and multif family residential 7,000 square ft to the east C1 and R17 to the West C1 and R17 current land juices of the suround in properties include to the north south and west residential and to the east neighborhood commercial transmittal memos were sent to All effected agencies applicable comments were received uh from ADOT uh they will require a traffic impact analysis and statement also there was a concern

raised by staff regarding whether fencing separating the residential area from the property will be required the property was posted and letters were sent to All Property Owners within 300 feet of the subject property one phone call was received from an adjacent property owner asking whether the school would have an additional entrance on Bushman Road and one phone call was received from another adjacent property owner just with general questions uh no opposition was received after reviewing the standards for review the zoning ordinance discussions with the applicant because the request is consistent with the city of sholo General plan staff recommends that the Planning and Zoning commission approv conditional use permit 60204 270 submitted by St Anthony Catholic school to allow the expansion of their private school to be located at 1283 East Owens that being APN 21021 019a subject to the following conditions number one all development shall comply with all applicable federal state and local requirements including all requirements as applicable to school facilities and aot requirements and two solid material fencing shall be constructed along the west and North property boundaries where adjacent to residential uses with that staff as well as applicant are available for questions Mr chair thank you director any members of the commission with comment questions for staff Mr Adams yes so I just wanted to clarify with staff uh the um ad do requiring the traffic impact analysis and statement so if we go and approve it and if they find an issue what happens at that point so we felt this one was rather odd just because the project is not adjacent to an ADOT Highway um however we do send out the transmittal memos and give people an opportunity to comment um the commission uh really it's covered under

condition one but we felt it was important enough to reiterate as its own separate condition you guys would be approving the school uh if ad do determined that there was something that was required out on South White Mountain Road they would be responsible to comply with adot's requirements as well okay commissioner B so the the fencing is a recommendation and not a requirement so we are making it a recommendation to the commission it's not actually a requirement by city code um however because there are single family homes there that back up to the property um we felt that that was appropriate to have that separation we actually spoke with the representative of the uh project today regarding that condition and they indicated that was something they were planning on doing anyway um if the commission voted to keep that condition as worded it would become a requirement as part of this okay thank you any other questions for staff I have one uh director just for clarification so uh in kind of the history you listed out of the couple phases of conditional use permit that they have received are we only seeing it tonight uh for this expansion because of that initial condition in the first conditional use permit or any type of a change this substantial to a conditionally conditional use on uh parcel would require to come back so the the answer to that one is kind of twofold um because the condition was originally put on that any expansion would require a new conditional use permit you're seeing it because of that

um you're also seeing it because it's an it's an adjacent property that was not included in the original application that is Zone residential um so on the previous application we had uh the applicant chose to do a rezone and avoid the conditional use permit on this one we're seeing the exact opposite they're choosing to go through the conditional use permit to avoid the reone so we're we're seeing both sides of the coin uh in two adjacent items on the agenda so thank you for the clarification on that any questions for the applicant I got the same one is time frame if the applicant would come forward uh just state your name and address chairman and Commissioners it's a pleasure to be here tonight U my name is Bob Higgins um my address 2459 Rim Road and Lakeside and uh I'm I'm happy to be to answer any questions you might have the time frame we have is we' like to begin building uh late spring uh early summer depending on weather and things like that and um and then we would anticipate our Builder tells us our contractor tells us that they'd be done within one year of the time that they started so this year like this year so we would start this spring and a couple months here now and uh we would uh complete it within a year of starting so you're going to beat the other congregation to it yeah yeah that's the goal there you

go all right any other questions I have one for you the obviously this is an expansion mostly of the school facility if I'm understanding correctly not I mean I know that's related to the church but not necessarily Church facilities right it's just school and are you anticipating any substantial I assume no but sub stantial changes in what the schedule is going to look like with this new facility is it going to be pretty similar to what's existing same schedule right that's all I have any other questions I don't have a question just a statement I I just really think it's great that um both these um both of you are expanding that way I think that that's awesome thanks great thank you very much thank you all I'll now open it up if there's any members of the public wishing to speak on this item of the agenda tonight uh you may do so at this [Music] time all right seeing none I'll will bring it back to the commission for any further discussion or a [Music] motion any motions commissioner Adams excuse me I move to approve cup 60204 270 submitted by St Anthony Catholic school to allow the expansion of their private school located at 1283 East Owens that being APN 21021 019a subject to staff recommendations I have a motion do I have a second I have a second by Vice chair Roberts all those in favor say I and that passes unanimously as well director thank you Mr chair uh as with any conditional use permit there is a 7-Day appeal period if no uh qualified appeal is received by the city clerk within those 7 days this will be effective thank you director moving on

to item C consideration of conditional use permit 602- 04271 submitted by Cody Cody lawyer to allow for sholo Cafe to serve alcoholic beverages other than beer or wine at their location at 480 West Deus of clubs that being APN 210- 9-32 a and I will turn it over to director tasus for the staff summary report thank you Mr chair budy lawyer has submitted a conditional use permit application to allow sholo Cafe to serve alcoholic beverages other than beer or wine at their location at 480 West Dua clubs that being APN 210 932a the applicant is renting restaurant space from the property owner the subject property is Zone C2 or General commercial restaurants serving alcoholic beverages other than beer or wine require a conditional use permit in the C2 zoning District the applicant has indicated that the hours of operation will be Sunday and Monday from 6:00 a.m. to 2: p.m. and Tuesday through Saturday 6:00 a. to 8:00 p.m. the city council recommended approval of the applicants application to the State Liquor Board to serve alcohol on October 15th of 2024 at the city council meeting the owner of Rocky's Lounge which is in the same building and above the sholo cafe objected to the liquor license application based on a non-compete clause in her lease disputes to rental agreements including non-compete clauses are not within the jurisdiction of the city including the Planning and Zoning Commission in accordance with city code transmittal memos were sent to All affected agencies the property was posted and letters were sent to All Property Owners within 300 ft of the subject property the owner of Rocky's Lounge came to the city regarding sholo Cafe and spoke with representatives of the building department asking questions regarding building code requirements building code requirements are also

outside the purview of the Planning and Zoning commission current zoning of the surrounding properties includes to the northsouth East and West General commercial current land uses of the surrounding properties include to the north days in to the South KK Express Wash and a vacant commercial which was formerly the native New Yorker property and building to the East Mountain Motorsports uh to the West we called it the west but um we've got Rocky's cocktail lounge which is directly above the restaurant um days in and vacant commercial transmittal memos were sent to All affected agencies no applicable comments were received the property was posted and letters were sent to All Property Owners within 300t of the subject property we did receive a comment from the adjacent business owner who spoke with representatives of the building department uh we also received a phone call with just general questions after reviewing the zoning ordinance standards for review findings of fact discussions with the applicant and because the request is consistent with the city of sholo General plan staff recommends that the Planning and Zoning commission approved conditional use permit 60204 271 submitted by Cody lawyer to allow for sholo Cafe to serve alcoholic beverages other than beer or wine at their location at 480 West dusa clubs that being APN 2109 932a subject to the following conditions all development shall comply with all applicable federal state and local requirements uh with that staff is available for questions uh applicant as well and I believe our attorney has a statement uh prior to so would you like to go now yes thank you chair I just wanted to reiterate what uh director tasas had indicated that um the Planning and Zoning commission does not address leases

including non-compete clauses so that not what we're here for today as well as while the city does address building codes that is not in the purview of the Planning and Zoning commission as well so we're here for a conditional use permit and that's what we're going to address thank you thank you Mr tensio uh I will open it up to the commission for questions for staff I shair Roberts I think it's prudent for me to um make sure that we have transparency I just need to disclosed that had had previous conversations with Miss lawyer a few weeks ago she was wondering why we were having to go through another hearing when she'd already gone through before the city council and I recommended to her that she contact staff in the city to get answers to all of her questions in that respect but I did want to disclose that we did have that conf thank you Vice chair Commissioner Adam yeah I guess just for staff um seems pretty typical I don't see anything out of the the ordinary here is there anything abnormal here that we need to be aware of is or is this pretty much in line with the other ones we've looked at so um from from the city standpoint I would say that this is pretty typical of what you guys have seen in the past um the commission will recall uh last July we adopted changes to the zoning code one of those changes was previously any restaurant that served any type of alcohol including beer and wine were required to get a conditional use permit um which is the process we're going through this evening the change that went into effect last July um broadened that out a little bit gave business owners a little more

latitude uh in which if you were a restaurant that wanted to serve alcohol but were limiting to beer and wine only that was a permitted use you get your application approved through the State Liquor Board uh there's no requirement to come through the Planning and Zoning commission um in this case the applicant is wishing to sell alcohol other than just beer and wine which prompts the conditional use permit okay very good thank you any other questions for any questions for the applicant I don't have any um so I will open it up to if there're members of the public and I assume since no one's left after the first two items um we might have one or two um uh I'll open up to members of the public uh I just want to be respectful of everyone's time here this evening um so we are are going to have an opportunity for people to come up uh and speak on uh this item on the agenda this evening just make sure when you come up you're stating your name and address for the record uh we are going to have a uh 3 minute uh limit on uh the statements per person and so we'll have the clock over there um to uh keep a record of that and I believe Miss factal Cotter is going to uh manage the clock for us uh this evening also uh I know all of you probably have similar concerns and similar statements so uh just to be respectful of everyone's time I think it would be helpful if uh there could be some potentially designated uh people to come up and and speak uh on some of those items especially if there are multiple people who have some of the same concerns uh to just uh expedite uh the process we want to make sure

everyone's heard and uh your concerns are are heard but we don't necessarily need to hear the same concerns by multiple people um throughout the the evening this evening so um I will open it up to members of the public and uh we'll see who wants to go first uh you could form a line in the the middle for those who would like to [Music] speak I just say your name and address for the record to start okay my name is marshelle IA Harlin Johnson I live at 760 North for Drive Sho Arizona I'm here um to read this to you guys hello city of shol pen and Zoning let me formally introduce myself my name is marshel Harin I'm the owner and operator Rocky's Cocktail Lounge located at 420 West Tu the clubs sholo Arizona the entr to Rocky's cocktail lounge is located within the addict of the Old Maxwell House here in shello Arizona to gain access to Rocky's Lounge you must enter through the day in lobby and go upstairs not down the hallway that's the shello cafe space three businesses have all worked together in harmony together at this location for over 30 years when the Tenny family owned and operated this property location one has been the hotel the second has been an upstair bar for guests the third has been a family restaurant located at a ground level all located within the Maxwell House owned by the Days in Hotel the business designed or business design ensured all businesses did not compete against one another and Thrive and they have for 30 years in recent

years the hotel and property was sold to Jax LLC the actual Property Owners of this company is garap Gil and I can't say it sandah who along with the their property manager hav bajati had decided to honor this business plan for at least the duration of Rocky's cocktail lounge lease while Rocky's cocktail lounge is under contract of occupancy that is why there is a non-compete agreement within this that states while tenant or an aign or supplement approved by the landlord is using or and or occupying the premise for the permit use and is not in default under relase the landlord agrees not to lease space in building to to be conducting in such premises as surface as Liquor Bar sports bar or entertainment there is also a photo attached in the non-compete section of Rocky's cocktail L lease agreement that was obtained directly from the county assessor's website of the day in property and shows that the non-con lease agreement Encompass the entire days in property and all business on the property of 480 West Tu clubs Sher Arizona a lease agreement is a law binding contract between landlord and tenant when a law binding contract is disregarded is breaking the law when persons person entity or government branch knows that there is a legal biding contractual agreement between two parties finish we've legal documentations have have

been presented to the person's or entity or government branch it should be honored respected and acknowledged doing anything else would be considered unlawful if the city of sholo and planning and zoning decide to deliberately disregard Rock cocktail Rocky's cocktail land leech agreement a legal contract and help any person person or entity will intently be an an accessory an accessory to reach of contract meaning accessory to a crime which openly leaves the city open to lawsuit by Abiding and embedding the disregard to Rocky's cocktail Lounge legal lease agreement which has a non-c compete is giving the sholo cafe approval to serve is in a direct violation of Rocky's cocktail lounge legal contract lease agreement and is lawful for the city to interfere with that being what is being proposed your time's up okay so I just want to show this you guys are saying that it's okay I was trying to read that I couldn't I'm nervous you guys are saying that it's okay to break the law because you guys don't have to say anything about it but it's not okay to break the law and I will sue you guys to if you guys are okay with that you know I have this is from the landlord ma'am you're time saying that you guys wait Eva City attorney already stated I very clearly I understand that G but you're not listening though and I

don't want to be Curt to you okay but if you have a beef with your lease agreement in your landlord which is clearly what you're after it has nothing to do with us nothing we're here on a conditional use permit a legal lease agreement legal biding contract can we direct with your land Lord and you and the cafe not city of sholo you guys to break we don't administer it but you guys are condoning it you're allow I'm not condoning it we're we're here to say if she can serve alcohol which the state said she can and the City of sholo already said she can if you've got a discrepancy on your lease agreement it's with your landlord who owns the rights to your building which you Le from landlord I am bringing this my landlord is saying that they have informed the shello cafe they're they're not allowed to serve alcohol too but they're still and these guys are in California and then they're again you got to go to them get your lawyer on them and that's that's bias you clearly don't understand it man no I don't let's move to the next person it's unethical it's biased and unethical James Simmons 1000 North 22nd Avenue Sho Arizona all I want to say and before you get started I just want to we are going to try to keep to the three minute uh time limit short and sweet great uh handicap accessible every business needs to be handicap accessible Rockies is not Sho Cafe is my grandfather's 100 years old he can't go up and have a beer because those stairs are not code and you can't walk up there and down Sho

Cafe he can thank you I agree thank you next person thank you good evening director chairman Commissioners I appreciate your time this evening uh my name is Elizabeth Bens and I live at 2526 East 8th Sundown Lane in Snowflake I am here to urge this board to deny the conditional use permit requested by solo Cafe to serve alcoholic beverages there is a direct conflict with an existing business at the same location namely Rocky's cocktail lounge while this commission has no Authority concerning the non-compete contract violation it does have a duty to serve the best interest of the sholo community the sholo cafe will not suffer any financial hardship if it isn't allowed to serve liquor it has been a very successful business venture for many years as a restaurant and should have no problem continuing to do so without the need to serve a liquor however approval of this permit would be extremely detrimental to another sholo business namely Rocky's cocktail lounge Rocky is a bar serving beer wine and liquor is their livelihood direct competi I'm sorry direct competition from the cafe for alcohol sales will cause financial hardship to the owners and in their employees of Rockies it is my understanding that Eva hland the owner of Rockies has reached out to Cody lawyer the new owner of the cafe and offered to work with her to provide drinks to the patrons of the cafe this offer was rejected by Miss lawyer it is my belief if this permit is approved it will result in financial hardships lawsuits and litigations for

both businesses and the landlord Jack's ventures of which the final out come may be another vacant commercial space that could be hard to fill if the landlord has a reputation of not honoring his lease agreements for this commission to knowingly approve or recommend a permit that causes conflict between two or three sholo businesses would be a Grievious disservice to our entire Community I recommend to this commission to deny the conditional use I'm sorry to deny the conditional use permit and maybe urge Miss lawyer to reconsider the offer Miss hland made to her previously thank you hi my name is Anna Kia I live at 2813 kampa Drive Lakeside Arizona and I am an employee over at Rocky cocktail lounge I am opposing the liquor license because well I work there I am a a bartender over at Rocky cocktail lounge if this Liquor Board or whatever this is gets approved I'm going to lose my job that I'm not going to be able to feed my kids that would do a great disservice to me and my family and along a lot of other people who work there thank you thank you hello I'm I'm Laura doie and I'm with uh the group I live in cono Arizona I come in to Rockies for karaoke and other events that are held there on a regular basis I do not understand why we're here

this should have been taken care of a few months ago when the city council sat there and completely ignored everything that was said with regard to this uh mess with the uh condition with the uh uh liquor license it never should have been approved uh the liquor license as uh Elizabeth has explained to you should never have been granted it shouldn't even been forwarded to them now I find out tonight that you guys don't have any power to do anything to stop anything when there is a discrepancy between uh two individuals uh it comes to me that if you go ahead and approve this what you're basically saying to the rest of the business community in sholo is your contracts your uh lease permits Etc are about as useless as a piece of toilet paper that needs to be flushed down the toilet this is unacceptable I do I don't approve of it and most of the people in this room don't approve of it you are really hurting businesses and you're sending out a terrible and I do mean a terrible precedence to the business community of sholo thank you [Applause] thank uh my name is Jimmy Jones U what did I supposed to say anything else address your address address yes I'm representing Rockies and I stand for everything that they stand for and anybody that can't make it up in stairs i' more than glad to carry them up and down and thank you very much just give

us the opportunity to to be heard and understood is one thing other thank you thank you my name is Alysa I reside at 673 North 6 Drive sholo um everybody here has watched cheers right like we grew up on Cheers Cheers is like that family Lounge that just locals come together and everything like that people that have been in that Community forever our town sololo is based on our community our family our culture comes from our neighbors all right where Rockies is has been a family bar that resembles cheers even when it was one I jack when it was far back to compones it's always had this livelihood family with this liquor license going to be put in place for sholo Cafe another organization that's been here for a very long time with JB's sholo cafe for many years they thrived and made money without the liquor license perfectly fine so why are we going to change something that our community our schola Arizona has been we were okay with and we have been okay with this is local this is our our Tides our our everything why do we have to continuously change things up just because city folks want to come and make the changes all I ask us today is for us to keep the little bit of what we still have in our heritage of sholo stay because that's who we are that's what we're supposed to represent and that's all I have to say thank you my name is Ian wat my address is 100 West Coy straight apartment 132 sholo I'm just going to say the hours of the like for the alcohol to be served

wouldn't even really affect their peak hours at all so they wouldn't lose money no no bartender is going to actually lose money during peak hours mind you there's a lot of hard work going in every day Cody's over there manifesting every day being there working paying out she has to open she has to make her money money back if she doesn't Dem what the cafe closes how is that fair to her then that's really all I have to say I just hope you guys make the right choice um hello um my name is Mandy Dunlap my address is 2120 West Park Valley Road sh Arizona 85901 um I just wanted to address an earlier comment about a um conversation where the cafe and Rockies would Collide and do business together um it is is illegal for them to bring their bar beverages down to the sholo cafe they are a separate business it is not okay if that were to happen regardless so I just wanted to clarify that that it would not it would not even be possible if that conversation had taken [Applause] place my name is Joshua Doss I live at 100 West kie Street and as a local Patron of Rocky's cocktail lounge and a previous employee of Rocky's cocktail lounge they struggle very much to pull business in during the daytime hours and there are very loyal patrons over there that go there just because of how the business is ran it is ran very well and very safely everybody that goes there is Thoroughly watched and made sure that they are behaving safely every single time that they enter that establishment I would also like to say that it is home of a lot of great people people who play pool and who sing karaoke and a lot of heartfelt family that everybody loves over there as soon

as they walk in the door the first thing you hear is hey like there's is immediate love the second you walk in that door and I fear that with sholo Cafe coming in downstairs that they're going to lose a lot of their daytime business which is in the weekday primarily where their income comes from the weekends are an exception when they are a short flux of people who do show up and it is only two days a week where that business actually thrives and sholo Cafe would Thrive every single day during the week in the mornings in particular it is a family Cafe and for that reason I do not believe that it have a bar in the cafe it is I've been going there since I was a child and to me it would not be the same if it had a bar in it thank you that is what I have thank [Applause] you Gordon Terrace 861 nor 33rd Avenue yes I'm a patron of Rockies and I'm was a patron of sh Cafe before they closed but here we are folks Dawn Gentry jamer Jerry Josh Doug Zach common sense is where we're at think about the common sense that all these people have been saying to you do we really need hard liquor in another location town okay a family restaurant think of your common sense when you vote for this conditional use permit this evening okay I want you to really drill down in your in your gut and think about that thank you thank you hi Peter address 2120 West Park belly Drive um as a former employee and Patron of uh sholo Cafe I can't tell you how many people I've heard go in

visitors and local people say that I wish I had a beer with my hamburger steak fish fried about 20 24/7 whenever I'm there I hear a lot of people asking for beverages um I feel like it would benefit both um especially during the if Cody had opened a bar or Sports and then when they close a two Rockies has the rest um I don't see what the the problem would be but uh I think it would be beneficial for for both parties uh but I believe sholo does schol Cafe does deserve the permit um with the reputation itself thank you thank you hi my name is Lena Hall I live at 2241 North 22nd Drive in sholo um as a small business owner who had corporate come in themselves and really hurt my business I empathize very much with Eva and um with the business that's going on there this particular business is on top of each other so there's even more of a conflict of interest and I believe that if the city knowingly passes this knowing that it's going to put a family out of business and put many members of this uh City and their families jobless this is a moral issue and I hope that you take that into consideration tonight thank you thank you hi my name is Cody Row I live at 200 West kolie Street I've been an employee at the shello cafe for going on seven years now I have seen so many people come into that place families non-families people just coming in just to grab a meal the same thing as Peter said earlier lots of people would be open to drinking just a beer with their meal having a beer with their a glass of wine with their steak

they can't go upstairs with their food and eat their food upstairs to have a drink when they're done give the gentleman at the podium the chance to speak thank you I appreciate that so the way I see it is is if somebody was to go and have dinner and have a drink with their dinner and they still wanted to continue to drink what what's to say that they can't go upstairs and have a drink afterwards these are two businesses that could work together not necessarily by providing food upstairs to the bar or drinks downstairs to the restaurant but to bring business in together as a community and to grow as businesses in themselves sholo Cafe has been closed since November of 2023 here we are in March almost March I apologize almost March of 2025 that's almost 18 months that she's been closed and out of business during this whole time that she's been closed due to no fault of her own the bar has been able to open be open and operate without any problems at all if she's having fin cial issues I feel like that's not really the sholo Cafe's fault if she's not been able to make money while she's had no competition literally no competition open underneath her when we open up all we're trying to do is to grow as a business that's what Cody as a business owner is trying to do is to help this community grow to see it flourish to bring more money into our business to bring more money into our community to help everyone out that's all I have to say thank you drop live at 760 North Forest dve Eva is my wife um as far as the law goes extension of premise is in the same building so it is okay um and as far as anybody from shello Cafe knowing when our peak hours are and what money we make and when we make it they have no clue and like they had said before this has been two separate businesses for at least 30 years one serves food one serves alcohol

and they've done just fine no issues whatsoever so you guys by allow that get heartbreaking evening Clarissa Finley 41 North fifth Drive um I went to Rockies as soon as I heard construction was going on and they also have put in a lot of work to that place there was hardly any AC before they got a blasting now floors everything they have put in hard work to with their own money I've been a patron there since they opened and you can tell how much they care I've came in there and I'm like oh a little tipsy she's like nope go home I'm like okay she they are very caring caring caring people just we love them to death I think they do an amazing job and it'd be great if you guys just said no thank you hi so my name is lilan Herrera I recently moved to Lakeside but I've been a longtime shello resident um with that being said shell Cafe has always been a staple in this place it like hands down best chicken fried steak ever I hope you keep the recipe because the right part of my language but also that being said upstairs has always been something different for this town and and somewhere close by to go and hang out and a safe place um never ever in the history of shello has there been a building with two liquor license in it and probably for a good reason in my opinion I feel like you guys might not have a say on the legal stuff about their lease or about the building whatever but don't you guys oversee the building committee don't you guys have a

say in what's going on in this town I feel like I feel like Sol Cafe is always thrived and it always will because it show look halfway as long as she keeps it how it was and how it should be or how we are used to it it's always thrived and it will they don't need an alcohol license on top of another one or underneath another one I should say to to thrive let her serve a mimosa whatever type of thing but there's lots there to go on and I feel like sh Cafe has always been good and they don't need hard alcohol with their days their food menu thanks anyone else sure try not to make it a thing no I won't so um as a previous employee of Rocky's cocktail lounge I was in charge of watching the alcohol consumption of every individual that came in there and it is apparently it is very problem with somebody coming from an old another bar previously drinking to another bar where they're trying to be served and if they're being served downstairs and they are not stopped when they need to be stopped they will continue to go upstairs and then keep drinking you know and so then it becomes a problem of them not them having to sift through all these people who have already been drinking through the night and that just can be a very problem thank you sir all right seeing no one else in line I'm going to bring it back to the commission for further discussion or motion

or vice chair Roberts I make a motion I move to approve cup 602 04271 submitted by Cody lawyer to allow sholo Cafe to serve alcoholic beverages other than beer or wine at their location at 480 West duuc clubs that being APN 2110 09 032a subject to staff recommendations I have a motion from Vice chair Roberts do I have a second I have a second from commissioner Adams all those in favor say I I any opposed seeing none that passes unanimously director tasus thank you Mr chair as previously mentioned on the other conditional use permit there is a 7-Day appeal period if no qualified appeal is received by the city clerk within seven days this will become effective thank you director moving on to item six call to the public if there's any citizen wishing to speak on a matter within the jurisdiction of the Planning and Zoning commission that is not on the agenda this evening you may do so at this time seeing none we'll move on to item seven approval of the minutes do I have a motion on the approval of the minutes from the Planning and Zoning commission regular meeting of January the 14th 2025 I have a motion by commissioner Wilson do I have a second I have a second by commissioner Whipple all those in favor say I I I that passes uh summary of current events we will begin with commissioner will um I just want to say if uh if anybody doesn't know you can go on the sholo Chamber of Commerce and you can look at their event calendar and there are all sorts of amazing events that they have out there I think we have a Food Expo coming up Friday and Saturday uh I think there's a construction interview stuff

going on at NPC there's a construction fair in March I mean there's all sorts of fun things going on so if you ever want to know what's going on in the city of sololo the Chamber of Commerce is a really great place to check great day and shello I got nothing to say it's great just be fire conscious folks please it's getting worse uh for me same on the fires uh it's been super dry it's kind of scary dry so everyone be careful out there let's be careful in our forest the fire department did a presentation to the city council last week and indicated that we are at the highest fire danger level that we have ever been which puts us on alert we need to make sure that our properties are well taken care of I know that a lot of properties in fire prone areas now are getting insurance policies cancelled and new buyers of homes are not able to get new insurance policies if the if the community is rated that high so we need to do whatever we can to make sure that we do not suffer our properties and our Force everything needs that is our our number one concern right now for safety for this area yeah I can't Echo those sentiments enough and don't have anything to add to that director thank you Mr chair uh just one item uh regarding scheduling we do not have any items for the next regularly scheduled Planning and Zoning commission meeting that happens to fall during spring break for those of us who still have kids in school um so we will be posting and and following all the official procedures but I wanted to inform the commission that we do not have a meeting scheduled uh in two weeks thank you that's it thank you director seeing no other items on the agenda I

will adjourn us [Music] [Music] [Music]